On the development of administrative law enforcement Weather

Of: Ye Ming Wu Fanghua Zouzhi Huan Liu Zhijiang

Abstract: This Article from the perfect weather and norms of administrative Law enforcement of the main meteorological administrative Law enforcement proceeding, the administrative Law enforcement on the weather summary, review and analysis for the main meteorological issues of administrative Law enforcement, made some suggestions and ideas.

Keywords: weather; Law enforcement; Development

1 Introduction
Weather competent meteorological depArtments of administrative law enforcement is to perform the administrative functions of government is one important way, according to meteorological authorities to perform the process of external management, weather is eligible law enforcement body, whether the specification of meteorological administrative law enforcement, legal, not only for the maintenance of meteorological administrative counterpArt has a direct interest, while maintaining the good weather image of law enforcement authorities is essential. <<Meteorology Law "> the promulgation and implementation of meteorological authority given to administrative law enforcement, administrative enforcement as the main meteorological agencies, and how according to law, to ensure rapid and orderly Development of meteorological services, have higher specific requirements. this reality from the meteorological depArtment, analysis of the current meteorological law enforcement problems, suggest improvements, establish effective administrative enforcement actions weather some of the recommendations.

2, the meteorological interpretation of administrative law enforcement
Weather Weather is the administrative law enforcement authorities based on meteorological laws and regulations mandate to achieve the public interest, according to law, the implementation of relative discretion to ensure the implementation of specific administrative actions such as the right of the general. Embodied in the meteorological Administration of law within the terms of reference supervision and implementation of activities to investigate and punish violations, it is important to ensure that measures to weather the legal system.

3, the meteorological characteristics of administrative law enforcement
�� administrative. Meteorology meteorological authority of administrative law enforcement is based on meteorological laws, rules and regulations of the relevant provisions of the executive relative to someone or something specific to a specific administrative measures.

�� procedural. Weather it is necessary to the implementation of administrative enforcement of substantive law, while law enforcement procedures, the lack of any one may result in administrative law enforcement is not valid.

�� mandatory. If found in violation of the Chief Executive relative laws and regulations, according to meteorological authorities can implement the administrative law enforcement.

�� of Litigation. Meteorological wrong when law enforcement is bound to directly harm the legitimate rights and interests of the relative. CounterpArt are bound to safeguard their legitimate rights and interests of the meteorological institute administrative enforcement action review, and litigation.

�� service. Meteorological body of administrative law enforcement is not only the managers or service providers. Their services in the public nature of meteorological services in the safety and security features and meteorological services in the meteorological resources.

4, the meteorological basis for administrative enforcement
Weather refers to the implementation of administrative enforcement of administrative law enforcement of the legal basis of meteorological, from highest to lowest level in accordance with the force of law
Meteorological administrative enforcement order the order shall be the legal basis of the Constitution, laws, administrative regulations, local laws, rules and regulations.

�� Constitution. The Constitution is the fundamental law of our country, the basis of all law enforcement activities.

�� law. Including the basic legal and non-basic laws, basic law <<Administrative Punishment Law and the Administrative Reconsideration Law >>,<< >>,<< Licensing Law>>, administrative enforcement of these laws provide for the weather on the basis of the program . non-basic law <<Weather Law ">, is the meteorological basis for administrative law enforcement entities.

�� administrative regulations. Administrative regulations, administrative enforcement is an important meteorological component, "" Artificial weather Management Ordinance>> violation of weather modification operations specifications or rules, not according to the approved time limit for implementation of the airspace and operations weather modification operation and other acts carried out by the relevant competent meteorological department penalties. <<General Aviation Flight Control Ordinance>> rise of unauthorized release, not in accordance with the approved applications pilotless free balloons and tethered balloons and other illegal activities by the relevant competent meteorological department institutions administrative penalties.

�� local weather regulations. Meteorological administrative law enforcement departments in the administrative area of law enforcement basis.

�� meteorological meteorological department regulations and local government regulations. The competent meteorological department regulations on the Administration and enforcement of the scope of the qualification are made clear.

Links to Research Papers Download http://www.hi138.com 5, weather problems of administrative law enforcement
�� define the nature of weather is not accurate enough offense, there are penalties afraid of difficulties. Meteorological authority of law enforcement officers to face strict punishment procedures and the relative level of human rights awareness and continuous improvement, there are penalties for fear of hardship, fear punishment procedures caused by improper operation litigation, which appeared in the phenomenon of impunity punishable.

�� less evidence collection standard, complete. In practice, law enforcement personnel in most cases based only on the parties, witnesses, records of investigation which made the decision, few in the collection of statements by the parties after the collection of further violations around the the testimony of witnesses, production-spot inspection record, and other relevant evidence. and as the main administrative punishment according to the record of investigation to determine an independent because the evidence is in the absence of other evidence confirms the formation of the chain of evidence under the circumstances, investigating the effect of record will be questioned.

�� administrative punishment by external interference, law enforcement officials worry about more than punishment. As the city continues to expand, so that the original edge of the city's meteorological observation in the field surrounded by tall buildings, damage to the behavior of meteorological environment often occur, the face of such Weather offense competent meteorological departments because of concerns related to the relationship between the government or do not dare to enforce the law.

�� professional legal staff weather the lack of law enforcement positions. Law enforcement officers was going through the provincial and municipal levels of training to master the relevant laws and regulations, but the face of the strict filing, investigation, evidence collection, qualitative, hearing, punishment program is not very accurate grasp.

6, the construction of meteorological norms of administrative law enforcement
�� to <<Weather Law "> as the basis, pay close attention to improve the local meteorological laws and regulations system, developed with the support of the local laws and regulations, such as related to meteorological disaster prevention, production and distribution of meteorological information, content management, lightning .

�� updated concept of law enforcement, a clear relationship between meteorological administrative penalties. Meteorological administrative law enforcement personnel to enhance the purpose of an administrative penalty, meaning and nature of knowledge, so that law enforcement authority and clear weather to maintain the legitimate rights and interests of the relative between administrative law enforcement and respect for the relative weather human rights, administrative law enforcement and weather the relationship between building a harmonious society.

�� fair use discretion to ensure that meteorological administrative penalty is legal. Careful use of the discretion of the administrative penalty, so that law enforcement process in line with legal procedures, treatment of offenders appropriate rate to avoid abiding by the law, lax law enforcement, illegal do not study, powers and responsibilities out of touch and so on.

�� law enforcement technology to improve the level of weather. To classify and organize weather violations, the nature of each type of offense, characteristics and an important part of investigation and evidence collection procedures, storage and use of evidence and other issues to be clear, do evidence of accurate, timely, lawful, effective, and to ensure that punishment is based on irrefutable facts and law, the evidence is reliable and sufficient.

�� comprehensively improve the overall meteorological law enforcement officers in law. On the weather around the administrative punishment law enforcement officers the basic knowledge of laws and regulations and other meteorological content of legal knowledge to carry out targeted training to improve legal quality.

7, the meteorological Development of administrative law enforcement
�� primary focus of law enforcement. The focus should be placed in law enforcement (city) competent meteorological department. Provincial meteorological authorities mainly for local (city) level, the competent meteorological departments to guide law enforcement coordination, supervision and inspection and investigation of major violations and illegal cross-regional meteorological cases.

�� standardizing law enforcement procedures, improve the administrative licensing process and meteorological instruments to form a unified law enforcement, improve law enforcement efficiency and quality of law enforcement.

�� full of law enforcement personnel to establish a regular training system to improve the quality of law enforcement. "Competent meteorological department under the provincial capital city to have 3-5 full-time meteorological administrative law enforcement personnel; prefectural (city) level meteorological authorities have 2-4 full-time weather administrative law enforcement personnel; County, the competent meteorological department part-time staff to take more than 2 units of the meteorological legal work. "held annually in order to weather the laws and regulations as the main content of the course, so that law enforcement officers to be" scientific law, just law enforcement, clean law enforcement and civilized law enforcement. "
�� law enforcement propaganda. By "3 • 23" World Meteorological Day, "12 • 4" on the national legal advocacy, networking, SMS and other channels and forms, widely publicize laws, regulations and rules weather. Efforts to weather the laws and regulations to promote knowledge all aspects of society, to reduce the occurrence of weather violation cases.

8 Conclusion
Meteorological administrative law enforcement is law enforcement in the specific application of meteorological Administration, with the general characteristics of administrative law enforcement, but also has the unique characteristics of meteorological Administration, only to weather further towards a standardized law enforcement, legal track in order to promote the cause of the leap weather Development.


References:
[1] Xu Xiaofeng: <<change their ideas, raise awareness, create a comprehensive meteorological situation >>,<< Administration according to law administration in the national meteorological papers compiled>>, China Meteorological Administration, Policy and Regulation Department in October 2004 ed.

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